Deportation and Inadmissibility: What Crimes Make an Immigrant Removable?
Can a Criminal Charge Lead to Deportation?
For immigrants in Wisconsin, including Janesville and surrounding areas, facing criminal charges can have serious consequences on their legal status. A conviction could result in deportation, detention by ICE, or denial of future immigration benefits.
This article explains the difference between deportability and inadmissibility, which crimes can result in removal, and how immigrants can protect their rights if charged with a crime.
The Legal Difference Between Deportability & Inadmissibility
Immigration law defines two major categories of offenses that impact non-citizens:
Deportable Offenses: These apply to immigrants already inside the U.S. (green card holders, visa holders, and undocumented immigrants). A deportable offense can lead to removal proceedings and, in some cases, a permanent ban on reentry.
Inadmissible Offenses: These apply to those seeking entry, green cards, or visa renewals. Inadmissibility means the person cannot enter the U.S. or obtain immigration benefits.
Some crimes can trigger both deportability and inadmissibility.
Crimes That Lead to Deportation (8 U.S.C. § 1227)
Certain criminal offenses can initiate deportation proceedings for immigrants in the U.S. These include:
Crimes of Moral Turpitude (CIMT)
A CIMT is an offense that involves dishonesty, fraud, or intent to harm.
Examples: Theft, fraud, domestic violence, aggravated assault.
A single CIMT within five years of admission can make a non-citizen deportable.
Aggravated Felonies
A category of serious crimes that almost always result in deportation.
Examples: Murder, drug trafficking, firearm offenses, money laundering over $10,000.
Conviction of an aggravated felony bars most forms of relief from deportation.
Controlled Substance Violations
Even minor drug offenses (except for simple marijuana possession under 30g) can lead to deportation.
Examples: Drug possession, trafficking, prescription fraud.
Firearm Offenses
Unauthorized possession, selling, or use of a firearm can make an immigrant deportable.
Domestic Violence & Stalking
Convictions for domestic abuse, stalking, or violating a protective order can trigger removal proceedings.
Multiple Criminal Convictions
If an immigrant is convicted of two or more crimes with a combined sentence of five years or more, they may be deportable.
Crimes That Lead to Inadmissibility (8 U.S.C. § 1182)
Inadmissibility bars a person from entering the U.S., obtaining a visa, or adjusting their immigration status. Offenses that lead to inadmissibility include:
Drug-Related Offenses
Unlike deportation laws, inadmissibility applies even if the offense didn’t result in a conviction.
Example: A person caught with drugs at the U.S. border could be denied entry even if they were not convicted.
Human Trafficking or Smuggling
Transporting undocumented individuals or engaging in trafficking activities results in a lifetime ban on entry.
Crimes Involving Prostitution or Exploitation
Any involvement in prostitution, human exploitation, or forced labor can make an immigrant inadmissible.
Fraud or Misrepresentation in Immigration Applications
Lying on immigration forms or using fake documents results in a permanent bar to U.S. entry.
Terrorism or Gang Affiliation
Any connection to terrorist activities or certain criminal organizations (such as gangs) can prevent entry or lead to deportation.
What Happens If You Are Charged with a Deportable Offense?
If an immigrant is charged with a crime, the following steps may occur:
ICE Detainer Hold – If arrested, ICE may request law enforcement to hold the person for up to 48 hours after they would otherwise be released.
Notice to Appear (NTA) in Immigration Court – This document begins deportation proceedings.
Detention and Bond Hearing – Some immigrants may qualify for bond to be released while fighting their case.
Immigration Judge Ruling – The judge decides whether the person is deportable or eligible for relief.
Can You Fight Deportation After a Conviction?
Even if convicted, some immigrants may still fight deportation by applying for legal relief:
Cancellation of Removal for Green Card Holders
Eligibility: The immigrant must have lived in the U.S. for at least seven years, have a clean record, and prove that deportation would cause exceptional hardship.
Waivers of Inadmissibility
Some non-violent criminal offenses may be waived if the immigrant can prove rehabilitation or strong family ties in the U.S.
Asylum or Withholding of Removal
If the immigrant would face persecution in their home country, they may qualify for asylum or withholding of removal.
Post-Conviction Relief
If the criminal conviction is vacated (overturned) due to legal errors, it may no longer count for immigration purposes.
How to Protect Your Immigration Status If Arrested
If you are an immigrant and facing criminal charges in Wisconsin, follow these steps:
Remain silent – Do not admit guilt or discuss immigration status.
Do not sign anything without legal advice.
Ask for both a criminal defense lawyer and an immigration lawyer.
Find out if ICE has issued a detainer hold on you.
Request a bond hearing to avoid extended ICE detention.
What You Need to Know Moving Forward
Certain criminal offenses almost guarantee deportation, while others may be fought in immigration court. If you or a loved one is facing criminal charges in Wisconsin and concerned about immigration consequences, Gerard Law Firm can help. Contact us today for a consultation.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading this article does not establish an attorney-client relationship between you and Gerard Law Firm. Legal matters are highly fact-specific, and the best course of action will depend on the details of your situation. If you need legal guidance, we encourage you to contact Gerard Law Firm to discuss your case. Representation requires a formal agreement. For more information, please visit our Legal Disclaimers page.
